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Author: Tom Lee

[Tom Lee is a professor of law at Fordham Law School.]
On February 16, 2007, the Sixth Circuit (Keith) published a unanimous opinion in Tavaeras v. Tavarez, a suit brought under the Alien Tort Statute (28 U.S.C. 1350). That hoary and storied statute states: “The district courts shall have original jurisdiction of any civil action by an alien for...

When we talk about international law and U.S. federal courts, we do so most often in the context of national courts as an alternative to international tribunals. But it is also possible to conceive of U.S. federal law, which is now the principal business of U.S. federal courts, as a system of supra-state law supreme over state law, in...